20181249v11

DocuSign Envelope ID: 667A5D9D-BFOD-473E-A18A-28E45568FBCO
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Dennis Jernigan, PE
Interim Chief Engineer
NC Turnpike Authority
1578 Mail Service Center
Raleigh NC 27699
NORTH CAROLINA
Environmental Quality
February 15, 2013
Subject: MODIFICATION of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act, NEUSE BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 with
ADDITIONAL CONDITIONS for Proposed construction of the Triangle Expressway Southeast
Extension (NC 540) in Wake & Johnston Counties, Federal Aid Project No. STP-0540(19-21), State
Project No. 37673.1.TA2, TIP Nos, R-2721, R-2828, & R-2829.
NCDWR Project No. 20181249 version 11
Dear Mr. Jernigan:
Attached hereto is a copy of the Modification to Certification No. 4179 issued to The North Carolina Department of
Transportation (NCDOT) originally dated February 15, 2019, modified January 30, 2020, April 23, 2020, June 1,
2020, December 29, 2020, March 9, 2021, April 8, 2021, November 1, 2021, May 18, 2022, July 22, 2022 and
February 15, 2023.
This approval is for the purpose and design described in your application. The plans and specifications for this
project are incorporated by reference as part of this Water Quality Certification. If you change your project, you
must notify the Division and you may be required to submit a new application package with the appropriate fee. If
the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)]. This Certification does not relieve the permittee of the responsibility
to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those
required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout
Buffer regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerer
DocuSig b by:
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9C9886312DCD474...
Richard E. Rogers, Director
Division of Water Resources
Attachments
Electronic copy only distribution:
Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Jennifer Harris, PE, NC Turnpike Authority
Deanna Riffey, NC Department of Transportation
Travis Wilson, NC Wildlife Resources Commission
Gary Jordan, US Fish & Wildlife
File Copy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARCLINA
919.707.9000

DocuSign Envelope ID: 667A5D9D-BFOD-473E-A18A-28E45568FBCO
MODIFICATION of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water
Act, NEUSE BUFFER RULES, and ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 with
ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regulations
in 15 NCAC 2H .0500 and 15A NCAC 213.0714 and ISOLATED WETLANDS PERMIT Pursuant to IWGP 100000.
This certification version authorizes the NCDOT to impact 55.4 acres of wetlands, 41426 linear feet of jurisdictional
streams and 43195165 square feet of protected riparian buffers in Wake & Johnston Counties. The project shall be
constructed pursuant to the permit modification request received January 11, 2023 and additional information
received February 13, 2023. The additional authorized impacts are as described below:
Additional Section R-2828 Stream Impacts in the Neuse River Basin
Site
Temporary Impact to Intermittent Stream (linear ft)
92
(Bridge 88, Span E)
92
93
(Bridge 87, Span D)
35
Total
127
Total Additional Stream Impact for Project R-2828: 127 linear feet
Additional Section R-2828 Wetland Impacts in the Neuse River Basin
Site
Temporary Fill (ac)
92
(Bridge 88, Span E)
0.05
93
(Bridge 87, Span D)
0.01
Total
0.06
Total Additional Wetland Impact for Project R-2828: 0.06 acres.
Additional Section R-2828 Neuse Riparian Buffer Impacts
Site
Temporary Zone 1 Impact (sq ft)
Temporary Zone 2 Impact (sq ft)
92
(Bridge 88, Span E)
4979
3158
93
(Bridge 87, Span D)
2495
3071
Totals
7474
6229
Total Additional Neuse Buffer Impact for Project R-2828: 13703 square feet.
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EmironmanW 9uallly

DocuSign Envelope ID: 667A5D9D-BFOD-473E-A18A-28E45568FBC0
The application provides adequate assurance that the discharge of fill material into the waters of the Neuse River
Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate
the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application received January 11,
2023 and additional information received February 13, 2023. Should your project change, you are required to notify
the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter, and is thereby responsible for complying with all the conditions. If any additional
wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet,
respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and
(7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 213.0611(b)(2).
For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you
should obtain all other federal, state or local permits before proceeding with your project including (but not limited
to) Sediment and Erosion control, Coastal Stormwater, Non -discharge and Water Supply watershed regulations.
This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers
Permit.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands
or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to
interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any
prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be
interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water
use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or
other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the
date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, the
Division may inspect the property.
Conditions of Certification:
1. All protective measures as described in your application received January 11, 2023 and additional information
received February 13, 2023, shall be required as a condition of this certification, included practices described in the
bridge demolition plans. Measures stated included the use of geotextile fabric, straw bales and crane mats at the
locations of jurisdictional impacts for the bridge demolitions, in order to prevent demolition materials from entering
the stream. Once all non-native materials and demolition debris has been removed the sites will be matted, seeded,
and revegetated as stated in the application. As stated in the application, in the event that too much demolition
material accumulates on the mats and potential for rubble to spread into jurisdictional areas, the process will be
paused to clear concrete from the mats.
2. Wetlands and riparian buffers will be cleared but not grubbed. Wetland areas impacted by temporary clearing shall
be stabilized and reseeded with native wetland seed. Stream crossings shall return to preconstruction contours. Native
riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of
the growing season following completion of construction. [ 15A NCAC 0213.0714] o& [ 15A NCAC 02B.0506(b)(2)]
3. The Permittee shall report any violations of this certification and its conditions to the Division of Water Resources
within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)]
4. All conditions in the 401 Water Quality Certifications for this project, originally dated February 15, 2019, and all
modifications afterwards, still apply.
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
onparhnem of EmironmanW 9uallly

DocuSign Envelope ID: 667A5D9D-BFOD-473E-A18A-28E45568FBCO
This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware
that impacting waters without first applying for and securing the issuance of a 401 Water Quality
Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A
NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever
construction or operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance
of the State certification or coverage under a general certification required by Section 401 of the Federal
Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil penalty
assessment of up to a maximum of $25,000.00 per day for each violation.
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are
set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at htlp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This the 15t1i day of February 2023
DIVISION OF WATER RESOURCES
DocuSigned by:
E
C.4(t�N 1 U:f�.
9C9886312DCD474...
Richard E. Rogers, Jr, Director
WQC No. 4179
REQ5 North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
UprhneM of EmironmanW 9uallly